Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 27, 2016
The Firm
201-896-4100 info@sh-law.comThe long-awaited Department of Labor ruling bringing on new overtime wage and hour rules was just made public, according to The National Law Review. This will mean that certain positions within a company may now be subject to overtime pay, which could significantly increase wages, effective Dec. 1 of this year.
While the salary thresholds are slightly less than the originally proposed amount, the new figure is set to double the current minimum wages for overtime pay.
Now more than ever, companies need to examine their operations to assess wage increases and the potential impact of reclassification of certain positions to non-exempt status. Furthermore, companies need to consider how these rule changes will affect exempt employees within their organizational structure.
With a significantly higher wage threshold as part of the new rules, many companies may prefer to switch their wage structure from salaries to hourly workers. This will enable them to accurately track work hours more carefully. The rules will also prompt companies to keep a closer eye on work hours for non-exempt employees as they approach 40 hours per week.
Perhaps the biggest impact will be on productivity. Companies may bring in part-time workers to account for the productivity gap created by non-exempt employees. This is particularly true for smaller businesses that cannot afford overtime. The rules may also force some companies to reduce wages due to the increased overtime pay, which will be the equivalent of time and a half.
The salary threshold works as such: workers are entitled to overtime pay that is equal to the 40th percentile of weekly earnings generated by full-time employees in the lowest wage bracket in the country. That will increase the salary threshold for full-time employees who make $23,666 per year to $47,476. Per week, that works out to a bump from $455 to $913. Finally, the new rule will also raise the salary threshold on the “highly salaried employee” exemption to $134,004 per year. These salary thresholds will then be subject to revisions every three years, which may very well mean increases.
Upon implementation of the rule, there will be a grace period. Currently, that grace period will be 60 days from its publication in the Federal Register, which was set for May 23. It is assumed that the government may extend the grace period to as much as 120 days after publication, but that is yet to be determined.
Regardless, this is still a very short amount of time to adjust to such a major change. So companies should examine how their previously exempt positions will be affected. They may also elect to increase wage levels, convert exempt positions to non-exempt and vice versa or restructure their entire organization to reflect the changes. The new salary requirements may prompt many companies to avoid overtime pay altogether within their payroll systems. These companies will also need to file written notice as part of state law if they commit to any of the changes listed above.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!